Medical Marijuana Texas Frequently Asked Questions

 

Medical Marijuana Texas FAQ

texas medical marijuana

Does Texas allow medical marijuana?

Yes, Texas allows medical cannabis for qualified patients. The state first legalized medical cannabis in 2015 when it passed the Compassionate Use Act. Initially, “intractable epilepsy” was the only condition for which low-dose THC could be prescribed under Texas medical marijuana laws. However, things have changed over the years. There’s now a long list of qualifying conditions for medical marijuana prescription in Texas.

In Texas, the body responsible for administering the Compassionate Use Program is the Department of Public Safety (DPS). The DPS operates a secure online registry of qualified physicians who can prescribe low THC if you have any qualifying medical conditions. As of March 2022, the number of patients listed by physicians in the Compassionate Use Registry is 22,221. That is a significant 351.74% increase when you consider that as of March 2021, the number of registered patients was only 4,919.

You should note that the medical cannabis allowed in Texas is limited to low-dose THC. This refers to marijuana that contains not more than 1% THC by weight. 

How to obtain a medical marijuana card in Texas

To obtain your medical marijuana card in Texas, follow these easy steps:

  • Speak to a qualified physician who would ask you questions about your medical history to determine if MMJ is right for you.
  • Once this has been determined, your physician will add you to the Compassionate Use Registry in Texas (CURT)
  • After your physician has entered your details to CURT, the state will validate these details. When that’s done, you’ll be able to fill your prescription from any dispensary of your choice.

Unlike other states, obtaining your medical card in Texas doesn’t mean you’ll get a physical card. Your physician only needs to enter your details on CURT as a registered patient. Once your details are validated, it would last for a year, and you would renew that yearly.

If you want to book an appointment for your Texas medical marijuana card, you can do through our partner’s at Heally. Just click here to get started.

Currently, marijuana is only legal for medical use in Texas, so you can obtain a medical cannabis card if you need it. On the other hand, using marijuana for recreational purposes is still illegal, and Texas laws on these are stringent. For instance, it is a criminal offense to deliver marijuana intentionally. The severity of punishment depends on the amount of marijuana delivered. It could be as high as imprisonment for life or a term not less than ten years and a fine not exceeding $100,000 if the amount of marijuana delivered exceeds 2,000 pounds.

Strict punishment also applies to the possession of marijuana. According to the Texas Health and Safety Code, it’s a criminal offense with a penalty that varies depending on the amount of marijuana found in your possession. For instance, the punishment for possessing more than 2,000 pounds of marijuana could be imprisonment for life or a term, not more than 99 years or less than five years, and a fine not exceeding $50,000. 

How to qualify for MMJ in Texas

To qualify for Texas medical marijuana, you must:

  • Be a permanent resident of Texas
  • Have been diagnosed with a qualifying medical condition by a state-approved physician
  • Be added to the Compassionate Use Registry in Texas by the licensed marijuana physician who must have determined that your risk of using low-THC cannabis is reasonable in light of the potential benefit.

What illness qualifies for medical marijuana in Texas?

The list of illnesses that qualify you for medical cannabis under the Compassionate Use Program of Texas includes:

How to grow medical marijuana in Texas

While it’s true that in some states, you can grow your medical marijuana, the case is different in Texas. You cannot grow cannabis in Texas, whether for medical or recreational purposes (which is illegal anyway). You can only purchase low-THC cannabis from licensed dispensing organizations.

There’s no express law prohibiting cultivation or growing marijuana under Texas medical cannabis laws; however, the laws applicable in the state consider growing or cultivating to be a crime of possession.

The penalties for growing marijuana under Texas medical marijuana laws depend on the weight of cannabis found in your possession:

  • 2 ounces or less is a misdemeanor charge, and it attracts 180 days of incarceration and a fine of up to $2,000;
  • 2 ounces to 4 ounces is a misdemeanor charge that attracts a maximum of 1 year jail time and up to $4,000 in fines;
  • 4 ounces to 5 pounds is a felony charge that attracts between 180 days to 2 years of jail time and up to $10,000 in fines;
  • 5 to 50 pounds is a felony charge that attracts between 2 to 10 years imprisonment and a fine of up to $10,000;
  • 50 pounds to 2,000 pounds is a second-degree felony charge, and conviction could attract between 2 to 10 years imprisonment and a fine of up to $10,000;
  • Possession of more than 2,000 pounds is a first-degree felony charge, and a conviction could attract between 5 to 99 years or life imprisonment and a fine of up to $50,000.

You can learn more about Texas’ cannabis growing laws in our blog post: What’s the Deal With Growing Marijuana in Texas?

Does Texas have medical marijuana reciprocity?

Medical marijuana reciprocity means a state has reciprocal laws or is equal with any other state, which would allow patients to legally purchase MMJ from either state even though their medical marijuana card wasn’t issued there.

However, Texas medical marijuana laws don’t support cannabis reciprocity with any state. Hence, you can’t use your out-of-state medical card at a dispensary in Texas.

Does Texas have a medical marijuana program?

Yes, Texas has a medical marijuana program known as the Texas Compassionate Use Program. Under this Program, licensed physicians can prescribe low THC cannabis for medical purposes. Some of the conditions that qualify you for prescription of medical marijuana under Texas medical marijuana laws include autism, cancer, epilepsy, multiple sclerosis, post-traumatic stress disorder, and amyotrophic lateral sclerosis.

Under the Medical Marijuana Program in Texas, there’s no limitation on the age of patients, although those under the age of 18 may need to have a legal guardian.

Also, it’s important to state that you can’t consume Texas medical marijuana through inhalation. According to Texas laws, medical use means ingestion through administration other than by smoking a prescribed amount of low-THC cannabis.

Are there any medical marijuana dispensaries in Texas?

There are only three approved companies operating in the cannabis industry in Texas. These are the only Texas medical marijuana dispensaries, and they take up multiple roles as the cultivators, processors, and dispensaries providing MMJ to qualifying patients in the state.

The cannabis dispensaries in Texas are Fluent (formerly Consortium Texas), Compassionate Cultivation, and Surterra Texas.

Where to buy medical marijuana in Texas

The three licensed medical marijuana businesses (Fluent, Compassionate Cultivation, and Surterra Texas) are Texas’s only licensed dispensaries in Texas. These three cannabis dispensaries in Texas have different locations all around the state, and some also offer delivery services.

Don’t forget that there are laws against you growing marijuana in Texas. So, it would help to find a dispensary located close to you, or at least get one that offers delivery services so you can readily access your MMJ.


Texas Patient Resources:

We're not currently live in this state — but our trusted partner Heally is. Click here to see if you qualify.

Approval in 30-minutes or less!

Find Out Today